Free Stipulation - District Court of Delaware - Delaware

Case 1:07-cv-00407-SLR Document 51 Filed 08/08/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MEDA PHARMACEUTICALS INC., g
Plaintiff; )
)
vs )
) C. A. No, 07-407—SLR
SUN PHARMACEUTICAL INDUSTRIES i
LTD., I
Defendant. g
STIPULATION REGARDING THE USE
OF PRIOR DEPOSITIONS ANI) TESTIMONY
WHEREAS, the following witnesses and third parties were deposed pursuant to the
Federal Rules of Civil Procedure or provided testimony pursuant to letters rogatory under the
Hague Convention in connection with prior litigation involving United States Patent No,
5,l64,l94 ("tlie ’l94 patent") captioned MedPointe Pmtnwiiocezzticals Inc. vi Apotex, Civil Action
No, O6—l64 (SLR) (the "Prior Litigation"):
¤ Dr. Harry Sacks
e Jeffrey Ni Hostler
• Corey Fishman
• Elizabeth French
• Di: Richard Spivey
¤ Dri R. Duane Sofia
• D12 Naresii Chand
• Dri I—Iet1nut I-Iettelie
• Dre Jurgen Engel
¤ Dr Istvan Szelenyi
larva-2310746-z

Case 1:07-cv-00407-SLR Document 51 Filed 08/08/2008 Page 2 of 2
WHEREAS, the parties agree that it is in their interest, as welt as that of any third party
that is to be deposed in this litigation, to conserve time and resources in the discovery process by
eliminating unnecessary duplication ofprior testimony.
IT IS HEREBY STIPULATED, by the parties hereto, subiect to the approval of
the Court, that the depositions or testimony obtained in the Prior Litigation, including
depositions and testimony obtained pursuant to the Hague Convention, of the aforementioned
witnesses may be used at trial or upon the hearing of a motion or any interlocutory proceeding,
as ifi such deposition or testimony had been obtained in this action, to the extent allowed by the
Federal Rules of Civil Procedure, including Rule .32, and the Federal Rules of Evidence,
IT IS HEREBY FURTHER STIPIJLATED, by the parties hereto, subject to the approval
of the Court, that at any deposition of any of the aforementioned witnesses whom Sun
Pharmaceutical Industries Ltd, ("Sun") may decide to r-depose, Sun will not duplicate
questioning that was covered during that witness's testimony in the Prior Litigation In an effort
to provide context or foundation for a norndupiicative question, Sun may ask a witness to read
Hom that witness':} testimony in the Prior Litigation,
/s/ Kelly E. Parnan /s/ Francis J. Murphy
Frederick L, Cottrell, III (#2555) Francis J , Murphy (#223)
Kelly E, Farnan (#4395) Murphy & Landon
Richards, Layton 8; Finger, PA. IUI} Centre Road, Suite 2} 0
One Rodney Square, RO. Box 551 Wilmington, DE i9805
Wilmington, DE I9899 (302) 472-8100
(302) 65I-7700 hnu1·[email protected]
cottreli@rlfLcoin Artorneyfor Defiaiic/am
[email protected]
Attorneysfor P/airrliji
IT IS SO ORDERED this day of`August, 2008
l·lONORABLE SUE L, ROBINSON
UNITED STATES DISTRICT JUDGE
2
nri=:-2310746-2